Kajian Hukum

IMPLIKASI PUTUSAN MAHKAMAH KONSTITUSI NOMOR 90/PUU-XXI/2023 TENTANG BATAS USIA CALON PRESIDEN DAN WAKIL PRESIDEN TERHADAP DOKTRIN NEGATIVE LEGISLATOR DAN POSITIVE LEGISLATOR

Ogie Nuggraha — 2025-11-01

This research aims to describe and explain the legal considerations of constitutional judges in decision number 90/PUU-XXI/2023 and to outline the implications of decision number 90/PUU-XXI/2023 for the position of the Constitutional Court as a negative legislator. This research uses normative legal research. The research approach uses a statutory approach and a case approach through the Constitutional Court decision Number 90/PUU-XXI/2023. This research is descriptive analytical, namely research that presents careful data about humans and the symptoms of a developing society and these facts are analyzed based on theories or legal principles that correlate with the legal events in question. This research was conducted based on secondary data sources, namely library materials such as official documents, statutory regulations, scientific works, books, articles and other documents/manuscripts related to the object of this research. The results of the research and discussion are related to the concept of open legal policy, which is often questioned by the Constitutional Court in several of its decisions, especially in decision 90/PUU-XXI/2023 which examines the constitutionality of Article 169 letter q of Law Number 7 of 2017 concerning General Elections. There has been a shift if you read carefully the legal considerations (ratio decidendi) of the constitutional judges in the decision. Then the formulation of the age limit was interpreted by the Constitutional Court as an open legal policy due to the technical nature of the procedure which is essentially not within the Constitutional Court's authority to decide.

80 TAHUN NEGARA HUKUM: REFLEKSI ATAS UPAYA PENEGAKAN HUKUM BERKEADILAN DAN BERLANDASKAN PANCASILA MENUJU INDONESIA EMAS 2045

Udiyo Basuki — 2025-11-01

The day after Indonesia proclaimed its independence on August 17, 1945, the Indonesian constitution, the
1945 Constitution, officially came into effect on August 18, 1945. Several of its provisions affirmed
Indonesia's status as a state based on law. The proclamation itself, meaning "the source of all things,"
served as the source of the new legal order. Thus, both strengthened Indonesia's position as a state based
on law, with a new legal order and a unique concept of the rule of law: the Pancasila rule of law, a state
whose spirit of law enforcement is grounded in the values of Pancasila. Such law enforcement is crucial
given that the Pancasila state foundation, as formulated in the Preamble to the 1945 Constitution, serves
as a guideline for achieving the nation's goals. Achieving these goals becomes particularly urgent when
aligned with the spirit of welcoming Indonesia Emas 2045, which serves as a program and vision for
society, nation, and state.

IMPLEMENTASI PEMBEBASAN BERSYARAT TERHADAP PROGRAM PEMBINAAN NARAPIDANA TINDAK PIDANA NARKOTIKA

Adhitya Pradana — 2025-11-30

The Corrections Law aims to: guarantees for the protection of the rights of prisoners and children; Improving the quality of personality and independence of inmates so that they realize their mistakes, improve themselves, and not repeat criminal acts, so that they can be accepted again by the community, can live normally as good, law-abiding, responsible citizens, and can play an active role in development; and Providing protection to the community from repetition of criminal acts. In accordance with Law Number 22 of 2022 concerning Corrections The purpose of this research is to find out and analyze the implementation of conditional release in the development of convicts for narcotics crimes (In Lembaga Pemasyarakatan Kelas II B Klaten) and to find out and analyze the obstacles and appropriate steps to overcome these obstacles. This research is descriptive juridical-normative legal research with a qualitative approach. The data collection method is through library research and field studies, namely making a list of questions and interviews, then analyzed using a qualitative descriptive analysis method. The research results show that coaching is carried out in 2 forms, namely personality coaching and independence coaching. The implementation of the conditional release process is in accordance with statutory regulations both administratively and substantively. In applying for Conditional Release, an online system has been used through the Correctional Database System Factors that become obstacles to the implementation of conditional release are related to administrative and substantive requirements in the process of applying for conditional release as well as related to development programs that are less than optimal so that there are still disciplinary violations in correctional institutions. The solution is to take a persuasive approach to prisoners to complete administrative requirements and improve training facilities and infrastructure, improve the quality of officers' abilities, support and assistance from related agencies.

PERTANGGUNGJAWABAN PIDANA TERHADAP TINDAK PIDANA ILLEGAL MINING BAGI PERSEORANGAN

Eko Djoko Widiyatno — 2025-11-30

Criminal Responsibility Against Illegal Mining for Individuals (Decision Case Study No. 146/Pid.Sus/2020/PN SMN) with the objectives: (1) To find out the law enforcement process against illegal mining crimes for individual that carry out mining without permission. (2) To find out criminal responsibility for illegal mining for individual that carry out mining without a permit, especially in the case study of decision No. 146/PID. SUS/2020/PN SMN. As well as to examine a decision number 146/Pid.Sus/2020/PN SMN and analyze a criminal act of illegal mining and accountability for mining without a permit. The research method uses a statute approach and a conceptual approach, where the statutory approach examines, examines legal products and study case approach, while the conceptual approach examines legal concepts. And this type of research uses normative research. The author conducts an analysis related to a decision that will be examined, namely regarding criminal responsibility for perpetrators of illegal mining crimes for individuals. Clearly different forms of accountability for individuals with companies. The results of the study discuss law enforcement and criminal responsibility related to decision no. 146/Pid.Sus/2020/PN Smn which is principally related to law enforcement in repressive and preventive ways. Meanwhile, criminal responsibility is carried out by obtaining the facts at trial and the judge's considerations. Criminal liability for illegal sand miners will be subject to punishment according to the actions they have committed.

PENEGAKAN HUKUM TERHADAP PENYALAHGUNAAN PSIKOTROPIKA OLEH PENYANDANG DISABILITAS DI POLRESTA YOGYAKARTA

Anton Prasetya Wijaya — 2025-11-30

Abstract

This study aims to analyze law enforcement policies against psychotropic abuse by persons with disabilities at the Yogyakarta Police Station and aims to determine the factors causing the use of psychotropic substances among persons with disabilities. The approach used by the author is the legal approach. related to the steps taken by the Yogyakarta Police Narcotics Unit in law enforcement of psychotropic abuse by persons with disabilities by implementing Penal and Non-Penal policies, in addition to using a concept analysis approach (analytical appraisal), and a case approach (case appraisal). The conceptual approach method is carried out to determine the process of resolving existing psychotropic abuse towards legal handling, while the Case approach is to analyze cases involving persons with disabilities who commit psychotropic abuse. The analysis used is qualitative, namely the method of data analysis by grouping and selecting the data obtained from research based on its quality and truth. Factors causing narcotics abuse against persons with disabilities are personality, family, education, environmental and economic factors. In general, the factors that cause people with disabilities to use or abuse psychotropic substances are due to inferiority or lack of confidence and feeling isolated due to physical limitations. Policies and legal remedies in overcoming narcotics abuse consist of penal and non-penal policies, which are either legally processed or rehabilitated. Efforts made by the Yogyakarta Police Narcotics Unit in preventing and dealing with Psychotropics are by means of pre-emptive, preventive and repressive methods.